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Yesterday several major media outlets followed up on a story alleging Tesla was covering up potential safety related suspension problems, which in turn prompted Tesla to reply.

In a defensive blog post, Tesla denied several points of the story written by Edward Niedermeyer of the Daily Kanban. Niedermeyer is also the former editor of The Truth About Cars, and is listed by Bloomberg for which he has also written and spoken, as an industry analyst.

His article which HybridCars.com covered in depth yesterday built on a saga from one gpcordaro of the Tesla Motors Club forum, and gave further observations saying Tesla may have been covering up service issues by making owners sign non disclosure agreements.

In following up Reuters wrote “a spokesman for the U.S. National Highway Safety Administration (NHTSA), Bryan Thomas, said the agency is ‘examining the potential suspension issue on the Tesla Model S, and is seeking additional information from vehicle owners and the company.’”

Reuters also quoted NHTSA Administrator Mark Rosekind in an interview in Washington.

“Part of what we have to figure out is whether or not (non disclosure agreements) might have impeded people making (complaints),” Rosekind said, adding that NHTSA has been seeking information from Tesla. “Our folks were on this right away.”

And, wrote Reuters: “A review is a step before the agency decides whether to open a formal investigation leading to a potential safety recall.”

In response, Tesla issued a blog post saying 1) There is no suspension defect, 2) NHTSA has not opened an investigation, 3) Tesla never told customers to not speak to NHTSA. 4) Tesla is proactive about safety and implied it would have recalled the Model S if need warranted it.

It said also the car with 70,000 miles is a relative anomaly- “We haven’t seen this on any other car, suggesting a very unusual use case,” said Tesla.

Tesla also said its NDAs are to protect it against liability. It ended on a note personally calling out Niedermeyer, asking whether his “motivation is simply to set a world record for axe-grinding or whether he or his associates have something financial to gain.”

The Tesla Team June 9, 2016
A few things need to be cleared up about the supposed safety of Model S suspensions:

First, there is no safety defect with the suspensions in either the Model S or Model X. Since we own all of our service centers, we are aware of every incident that happens with our customer cars and we are aware of every part that gets replaced. Whenever there is even a potential issue with one of those parts, we investigate fully. This, combined with extensive durability testing, gives us high confidence in our suspensions. With respect to the car that is discussed in the blog post that led to yesterday’s news (more on the blog post below), the suspension ball joint experienced very abnormal rust. We haven’t seen this on any other car, suggesting a very unusual use case. The car had over 70,000 miles on it and its owner lives down such a long dirt road that it required two tow trucks to retrieve the car. (One to get the car to the highway and one to get it from the highway to the service center.) When we got the car, it was caked in dirt.

Second, NHTSA has not opened any investigation nor has it even started a “preliminary evaluation,” which is the lowest form of formal investigatory work that it does. On April 20th, as part of what it has told us it considers “routine screening,” NHTSA informally asked us to provide information about our suspensions. On April 30th, we provided all relevant information to NHTSA. NHTSA has since told us that we have cooperated fully and that no further information is needed. Neither before nor after this information was provided has NHTSA identified any safety issue with Tesla’s suspensions. This can be confirmed with NHTSA.

Third, Tesla has never and would never ask a customer to sign a document to prevent them from talking to NHTSA or any other government agency. That is preposterous.

When our customers tell us something went wrong with their car, we often cover it even if we find that the problem was not caused by the car and that we therefore have no obligations under the warranty. In these situations, we discount or conduct the repair for free, because we believe in putting our customers’ happiness ahead of our own bottom line. When this happens, we sometimes ask our customers to sign a “Goodwill Agreement.” The basic point is to ensure that Tesla doesn’t do a good deed, only to have that used against us in court for further gain. These situations are very rare, but have sometimes occurred in the past. We will take a look at this situation and will work with NHTSA to see if we can handle it differently, but one thing is clear: this agreement never even comes close to mentioning NHTSA or the government and it has nothing to do with trying to stop someone from communicating with NHTSA or the government about our cars. We have absolutely no desire to do something like that. It is deeply ironic that the only customer who apparently believes that this document prevents him from talking to NHTSA is also the same one who talked to NHTSA. If our agreement was meant to prevent that, it obviously wasn’t very good.

Fourth, Tesla’s own actions demonstrate just how rigorous we are about bringing issues to NHTSA’s attention. Not only do we regularly meet with NHTSA, we have also shown that we won’t hesitate to conduct proactive and voluntary recalls even when there is only a slight risk of a safety issue. Most recently, Tesla recalled third row seats in the Model X even though not a single problem had been reported by any customer. Before that, Tesla recalled a front seat belt pretensioner, even though not a single injury had occurred. In both of these situations and others before them, Tesla took these actions before anyone reported a concern to NHTSA. We did them on our own, because it was the right thing to do.

There is no car company in the world that cares more about safety than Tesla and our track record reflects that. The Model S is 5-star safety rated in every category and sub-category and Model X is expected to receive the same rating as soon as the government finishes testing. Recently, a Model S was in a very high speed accident in Germany that caused it to fly 82 feet through the air, an event that would likely be fatal in vehicles not designed to the level of safety of a Tesla. All five occupants were able to exit the vehicle under their own power and had no life-threatening injuries.

Finally, it is worth noting that the blogger who fabricated this issue, which then caused negative and incorrect news to be written about Tesla by reputable institutions, is Edward Niedermeyer. This is the same gentle soul who previously wrote a blog titled “Tesla Death Watch,” which starting on May 19, 2008 was counting the days until Tesla’s death. It has now been 2,944 days. We just checked our pulse and, much to his chagrin, appear to be alive. It is probably wise to take Mr. Niedermeyer’s words with at least a small grain of salt.

We don’t know if Mr. Niedermeyer’s motivation is simply to set a world record for axe-grinding or whether he or his associates have something financial to gain by negatively affecting Tesla’s stock price, but it is important to highlight that there are several billion dollars in short sale bets against Tesla. This means that there is a strong financial incentive to greatly amplify minor issues and to create false issues from whole cloth.

That said, sometimes Tesla does make genuine mistakes. We are not and have never claimed to be perfect. However, we strongly believe in trying to do the right thing and, when we fall short, taking immediate corrective action.

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